A 90-year-old Greenbrae man who was shot in the head during an alleged burglary has been sued by the alleged burglar.

Samuel Cutrufelli, who was also shot during the incident, claims Jay Leone "negligently shot" him during the confrontation inside Leone's home.

Cutrufelli, 31, claims Leone caused him "great bodily injury, and other financial damage, including loss of Mr. Cutrufelli's home, and also the dissolution of Mr. Cutrufelli's marriage."

Cutrufelli shot Leone once in the face during the alleged burglary, and Leone returned fire, hitting Cutrufelli several times. Both men were hospitalized for an extended period after the gun battle.

Cutrufelli, whose charges include two counts of attempted murder against Leone, is near the end of his criminal trial. The negligence lawsuit was filed on his behalf by his father and his criminal defense attorney.

Leone, reached at home Tuesday, said he was unaware of the lawsuit.

"He's the one who busted my door in," he said. "I'll just countersue him then. That's what I'll need to do."

The incident occurred at about 10:45 a.m. Jan. 3 at Leone's home on Via La Cumbre. Authorities said Cutrufelli entered the home, put a gun to Leone's head, tied his hands with a belt and rummaged through his bedroom for valuables.

Leone said he was able to wriggle his hands free, then convinced the burglar to let him use the bathroom. Then he got one of the five handguns stashed in his bathroom, sneaked back to the bedroom and spotted Cutrufelli in his closet.

Cutrufelli allegedly fired his gun, hitting Leone in the jaw area, and Leone fired back. Cutrufelli then wrestled his gun away, put it to Leone's head and pulled the trigger, but no bullets were left in the gun.

When police found Cutrufelli bleeding in his car a short distance from Leone's home, he said he had shot himself and needed medical attention, Twin Cities police said.

Cutrufelli could face life in prison if convicted of the charges. His lawyer, Sanford Troy, said Cutrufelli is a methamphetamine user, that the incident was a drug deal gone sideways, and that Leone shot him in the back when he was trying to flee.

Cutrufelli, a father of two, is a Petaluma resident with Novato roots.